The American Court System BASIC JUDICIAL REQUIREMENTS. Jurisdiction

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1 The American Court System BASIC JUDICIAL REQUIREMENTS Before a lawsuit can be brought before a court, certain requirements must first be met. These include: Jurisdicti on Venue Standing to Sue Jurisdiction Before a court can hear a case, it must have jurisdiction over the person against whom the suit is brought or the property involved in the suit, as well as jurisdiction over the subject matter. Four types of Jurisdiction: Limited vs. general jurisdiction Original vs. appellate jurisdiction Federal jurisdiction Concurrent vs. exclusive jurisdiction 1

2 Exclusive and Concurrent Jurisdiction Exclusive Federal Jurisdiction (cases involving federal crimes, federal antitrust law, bankruptcy, patents, copyrights, trademarks, suits against the United States, some areas of admiralty law, and certain other matters specified in federal statutes) Concurrent Jurisdiction (cases involving federal questions, diversity-of-citizenship cases) Exclusive State Jurisdiction (cases involving all matters not subject to federal jurisdiction) Venue Venue has to do with the most appropriate location for a trial. Standing to Sue A requirement that a party must have a legally protected and tangible interest at stake sufficient to justify seeking relief through the court system. The controversy at issue must also be one that is real and substantial. 2

3 Diversity Jurisdiction Because of diversity jurisdiction, federal courts spend a good deal of time deciding issues that arise under state law. Are the benefits of diversity jurisdiction worth its costs to the federal court system? THE STATE AND FEDERAL COURT SYSTEMS Trial Courts State Courts: Courts of general jurisdiction may be called by a variety of names. Courts of limited jurisdiction include: Federal Courts: Court of general jurisdiction is the U.S. District Court. Courts of limited jurisdiction include: 3

4 Intermediate Appellate Courts Courts of appeals, or reviewing courts generally do not have original jurisdiction. Such courts in the federal system are called the U.S. circuit courts of appeals. Supreme (Highest) Courts Each state has a supreme court, although it may be called by some other name, whose decisions are final on questions of state law. Appeals from a state supreme court to the U.S. Supreme Court is only possible if a federal question is involved. FOLLOWING A CASE THROUGH THE STATE COURTS A sample civil court case in a state court would involve the following: The Pleadings Posttrial Motions Pretrial Motions Trial Discovery Pretrial Conference The Appeal 4

5 Complaint The Pleadings Answer Motion to Dismiss: Pretrial Motions Motion for Judgment on the Pleadings: Will be granted if the parties agree on the facts and the only question is how the law applies to the facts. Motion for Summary Judgment: Will be granted if the parties agree on the facts. The judge applies the law in rendering a judgment. Pretrial Conference Either party or the court can request a pretrial conference to: 5

6 Jury Selection The jury selection process, also known as voir dire, consists of questions directed to prospective jurors to assess potential bias. Trial The typical course of a trial can be diagrammed as follows: Opening Statements Plaintiff s Introduction of Evidence Closing Arguments Defendant s Introduction of Evidence Closing Arguments After the defense concludes the presentation of its case, the attorneys present their closing arguments to the jury. 6

7 Posttrial Motions After a jury has rendered its verdict, either party may make a posttrial motion. These include: Motion for Judgment N.O.V. (notwithstanding the verdict) Motion for a New Trial The Appeal Either party can appeal the trial court s judgment to an appropriate court of appeals. After reviewing the record on appeal, the abstracts, and the attorneys briefs, the appellate court holds a hearing and renders its opinion. 7